WISE v. 141 McDONALD AVENUE, LLC


297 A.D.2d 515 (2002)

748 N.Y.S.2d 539

ALBERT WISE, Appellant, v. 141 McDONALD AVENUE, LLC, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 12, 2002.


Plaintiff, a construction worker, was performing "layout" work on the second floor of a three-story building under construction at 141 McDonald Avenue, Brooklyn, New York, when he was injured. Defendant 141 McDonald Avenue, LLC is the owner of the property, and defendant P.L.P. Reconstruction Corp. was the general contractor.

Plaintiff maintains that the stairwells in the structure were marked out, but not yet in place, and that in order to get to and from the first...

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